Kritarth Consulting
Posh Programs; Hr Management Consultants
Korgaonkar K A
+1 Other

Can any one suggest me what all laws are applicable to a startup IT company with less than 20 employees on roll. My company is located in Pune (Maharashtra).
From India, Mumbai
Dear Nehasonwane22,
First of all there is no concept of on roll and off roll. There can be a direct roll or indirect roll i.e. through contractor or third party. You may have employees on contractual basis i.e. Fixed Term. You may have full time employment or part time employment.
Now answer to your specific query in specific words is as under:
When you have less than 20 (that means 19 and less) employees all together including through contractor or third party and Fixed Term, part time etc., following Acts are applicable to you in Maharashtra.
2. PTax
3. ESI Act if you are a factory.

From India, Mumbai
Dear Sugeestion-Seeker,
Your Point:- " Can anyone suggest me what all laws are applicable to a startup IT company with less than 20 employees on the Muster roll. My company is located in Pune."
Kritarth Team Suggests:- To Boost Survival, Growth, Consolidation and Thriving Business Profits Stages,
Comply with the Following Laws, to begin with, and "Properly & Faithfully Implement" the Provisions applicable to your Establishment, in Letter & Spirit:
1. The Shops & Establishment Act; and
2. "Sexual Harassment of Women at Workplace (P.P &R) Act 2013" to Create Safe & Secure Workplace where
Every One Contributes their Best towards Creating Wealth & Wellbeing Where the Fundamental Rights to Live
with Dignity & Honour is Guaranteed and Where No Woman Is Subjected to Sexual Harassment. Constitute the
Internal Committee at for your Establishment; and
3. PF & Misc. Provisions Act 1952 and Amendments; and
4. Payment of Wages Act; and
5. Gratuity Act; and
6. Other Acts & Rules Gazetted by Govt of Maharashtra.
Let your Priority Be to Safeguard the Employer /Management and Avoid Penalties For Non-Compliance so that the Revenue/Fund is Utilized for Business Purposes Not only Business-related ones.
Kritarth Team of Spl Educators has Successfully Served, sevearal Pune-based Establishments in ImplementingSHWW Act 2013 mentioned above.
Kritarth Team,
28th June 2018

From India, Delhi
Dear Nehasonwane22,
In addition to what I said in my reply you need to comply following other enactments:
1. Shop and Establishment Act - You need to apply and obtain S&E licence if you have 10 or more employees; If you have less than 10 employees, intimate to the department online in prescribed format.
2. Payment of Wages Act - Pay salary by 7th. Pay by Cheque or Bank Transfer. Make only authorised deduction from Salary.
3. Minimum Wage Act - Pay as per prescribed minimum wage rates to your industry and location or more than it.
4. POSH Act - Comply the provisions if you have more than 10 employees including formulating Internal Committee.
5. Payment of Gratuity Act - Comply the provisions if you have more than 10 employees.
6. Maternity Benefit Act - If you have more than 10 employees (to non ESI members)
7. Employee Compensation Act - Comply the provision of the Act to Non ESI members.

From India, Mumbai
Yours is a commercial establishment therefore is covered under the Shop and Establishment Act. You need to obtain registration under the same.
The main objective of the Act is to protect the rights of both employer and employee. The Shop and Establishment Act generally regulates payment of wages, hours of work, terms of service, wages for holidays, leave policy, work conditions, overtime work, interval for meals and rest, prohibition for employment of children, employment of young persons or women, maternity leave and benefits thereof, opening and closing hours, closed days, weekly holiday, dismissal, cleanliness, lighting and ventilation, fire safety and precautions, accidents, record keeping, etc.

From India, Mumbai
Dear Prabhat ji,
You advised the member to obtain registration under S&E Act, as against my advise to him to obtain S&E registration if he has 10 or more employees and in case he has less than 10 employees, intimate to the department online in prescribed format.
Kindly verify the fact as to the provision of Law, from your end and give correct position.
.................................................. .................................................. .................................................. ..........

From India, Mumbai
Dear Sri Koregaonkarji,
The opinion is nothing but speaks about the objectives of S&E Act, since you have allready replied. There is no suggestion pushed against your suggestion. Your posting and my posting are quite different in terms of the question asked for. The main confusion was less than 20 manpower.
You therefore requested to consider that there was absolute nothing from my side to push ideas against your opinion.

From India, Mumbai
As of now the following Labour Laws are applicable to your establishments:-
1. The Employees Provident Funds and Miscellaneous Provisions Act – If you employee strength is twenty and more. While arriving the employee strength, employees engaged directly including par time employees, apprentice appointed under the Apprentice Act and through contractors will be taken into account to determine the applicability of the Act.
2. The Employees State Insurance Act – The act is applicable to your Establishment. The employee strength to determine the applicability of the Act is 10 and more.
3. The Payment of Gratuity Act
4. The Payment of Bonus Act
5. The Payment of Wages Act – If you engage employees drawing salary/wages less than Rs.21000/-
4. The Minimum Wages Act
5. The Bombay Labour Welfare Fund Act
6. The Maternity Benefit Act – In case you employ women employees
7 The Equal Remuneration Act – In case you employ women employees
8. The Employees Compensation Act
9. Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
10. The Bombay Labour Welfare Fund Act
11. The Contract Labour (Regulation & Abolition) Act in case you engage 50 or more workmen through contractors
11. The Sexual Harassment of Women at Work Place……Act 2013 – in case female employees are employed
S.G.Management Services
(Specialist in Labour Law Compliance, PF.ESI, P Tax, Benefit Management and POSH COMPLIANCE – PAN INDIA)

From India, Kolkata
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